A Kaikoura man who hit another man in the head with a wood splitter axe has been sentenced to nine months' home detention by a judge, who described the attack as "a massive over-reaction".
Jonathan George Willis, 31, pleaded guilty to causing grievous bodily harm with reckless disregard after hitting Brian "Joe" Corke, also of Kaikoura, with the axe and fracturing his skull.
Willis' guilty plea came just before a jury trial was due to start in August, after he denied a charge of wounding with intent to injure, which was withdrawn. Another jury trial in April on the first charge failed to reach a verdict.
Willis was visibly relieved when he was sentenced to home detention, not prison, in the Blenheim District Court yesterday.
The attack happened on February 22, 2009, after Willis went to Mr Corke's house to pick up his ex-partner.
In court yesterday, Judge David McKegg said the two men had a confrontation and Willis turned to leave. As he was walking away, he thought Mr Corke was behind him.
"There was a massive over-reaction by you when you grabbed the wood splitter and swung it across your body and hit him in the head and fractured his skull," Judge McKegg said.
Defence lawyer Mike Hardy-Jones said there was history and "ill-feeling" between the two men, but the attack was a spur-of-the-moment one because Willis believed Mr Corke was going to assault him from behind.
Willis swung the axe across his body, hitting Mr Corke on the eyebrow with the handle and on the head with the blunt edge of the axe head, Mr Hardy Jones said, leaving Mr Corke "dangerously ill".
Willis gave Mr Corke mouth-to-mouth resuscitation and called an ambulance. He later wrote Mr Corke a letter of apology and was remorseful, Mr Hardy-Jones said.
Mr Corke was unable to work for a year due to ongoing headaches, poor concentration and tiredness.
Crown prosecutor Hugh Boyd-Wilson said Willis' offence was a violent matter which warranted a prison sentence.
Willis was sentenced to home detention at a North Canterbury house and ordered to pay $5000 reparation to Mr Corke, do a domestic violence programme and undergo counselling.
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